JUDGMENT : Biswanath Somadder, J. 1. Let the affidavit of service filed in Court today be taken on record. 2. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay. 3. The instant appeal arises out of an order dated 6th September, 2018, passed by a learned Single Judge in W. P. 27783 (W) of 2016 together with CAN 4875 of 2018 (Bidhan Choudhury vs. State of West Bengal & Ors.) and has been preferred by the respondent no.5 in the writ proceeding, namely, Bibek Choudhury. 4. According to the learned advocate for the appellant, W. P. 27783 (W) of 2016, was dismissed for default on 14th June, 2018, but no notice was served either to his client or to the learned advocate in respect of the restoration application, being CAN 4875 of 2018. As such, he submits that the order passed by the learned Single Judge recalling the order of dismissal and consequently restoring the writ petition to its original file and number as well as the subsequent order disposing of the writ petition was rendered without his client being put on notice. 5. At the time of hearing of the matter we asked the learned advocate representing the respondent no.4 herein (being the writ petitioner, namely, Bidhan Choudhury), as to whether the appellant/private respondent no.5 was put on notice when the restoration application was moved. He submitted that the application for restoration was moved before the learned Single Judge without giving any notice to the appellant herein. 6. On this ground alone, the impugned order dated 6th September, 2018, is liable to be set aside and is accordingly set aside. 7. The restoration application shall be taken up for consideration on its merit by the learned Single Judge upon the appellant and the concerned municipality being put on notice by the private respondent herein, being the writ petitioner. In the event, the restoration application is allowed, the writ petition shall be decided on its merit. 8. The appeal and the application for stay stand disposed of accordingly. 9. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. I agree.